Karnataka High Court
High Court Of Karnataka vs Sri. Rajkumar on 3 February, 2023
Author: Prasanna B. Varale
Bench: Prasanna B. Varale
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CRL.CCC No. 12 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
CRIMINAL CONTEMPT PETITION NO.12 OF 2022
BETWEEN:
1. HIGH COURT OF KARNATAKA
REPRESENTED BY THE REGISTRAR GENERAL,
BENGLAURU 560001
...COMPLAINANT
(BY SRI.V.S.HEGDE, SPP-2)
AND:
1. SRI. RAJKUMAR
S/O LATE RAMASUBBEGOWDA
Digitally signed AGED ABOUT 40 YEARS,
by VINUTHA M
Location: R/AT KERAGODU
HIGH COURT MANDYA TALUK 571 446
OF
KARNATAKA MANDYA DISTRICT
...ACCUSED
(BY SRI R.S.RAVI, SENIOR ADVOCATE FOR
SRI PRAKASH M H., ADVOCATE)
THIS CRL.CCC IS FILED U/S 15 OF THE CONTEMPT OF
COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION
OF INDIA BY THE HIGH COURT OF KARNATAKA PRAYING TO
INITIATE (SUO-MOTU) CRIMINAL CONTEMPT OF COURT
PROCEEDINGS AGAINST THE ACCUSED HEREIN - SRI
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CRL.CCC No. 12 of 2022
RAJKUMAR, S/O LATE RAMASUBBEGOWDA, AGED ABOUT 40
YEARS, R/AT KERAGODU, MANDYA TALUK, 571446, MANDYA
DISTRICT, UNDER THE CONTEMPT OF COURTS ACT, 1971
AND TO PUNISH HIM IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ASHOK S.KINAGI J. MADE THE FOLLOWING:
ORDER
This criminal contempt proceedings has been initiated suo motu by this Court against the accused.
2. This Court, vide order dated 16.11.2022, issued notice to the accused and pursuant to the notice, the accused filed an affidavit dated 19.01.2023 stating that he filed a private complaint against the officials of Karnataka State Finance Corporation (KSFC) for the offences punishable under Sections 403, 406, 418, 420, 426, 468, 477, 166, 167, 217, 218, 219 and 220 r/w Section 149 of IPC. The Criminal Court referred the matter for investigation after taking note of the documents produced in support of the complaint and the said order was challenged by the KSFC before the District Judge, Mandya in a Revision Petition which came to be dismissed. Against the said dismissal order, a criminal petition was filed before this Court in Criminal Petition No.8915/2018. The -3- CRL.CCC No. 12 of 2022 matter was listed before the learned Single Judge of this Court. Upon hearing the matter, the learned Single Judge has expressed that since the private complaint was lodged against the officials of the State, prior sanction as contemplated under the Code of Criminal Procedure was must and on account of the same, the complaint is defective.
3. It is further stated in the affidavit that the accused requested the learned Single Judge to call for the records. The matter was adjourned twice without any order being made to call for the records and the learned Single Judge was not inclined to hear any submissions of the accused. It is also stated by the accused that the series of setbacks in the legal proceedings has clouded his mind in such a way to suspect that his matters are under watch including the pending criminal petition. Being an advocate, he is not supposed to have such a prejudiced notion. Looking into the manner in which he has suffered in all respects on account of the actions initiated by the KSFC, he was totally misplaced and thought that the opinion expressed by the learned Single Judge in Criminal Petition No.8915/2018 might have been influenced -4- CRL.CCC No. 12 of 2022 by his brother Judge. He concedes that this is totally unfounded. Thinking that the criminal petition may go out of hand, he filed a memo seeking transfer of the said matter to another Bench making some serious remarks and has also filed a petition before the Hon'ble Chief Justice seeking transfer of the matter.
4. It is also stated in the affidavit by the accused that he should not have taken recourse to file such a memo and the petition which is totally inappropriate and would definitely lead to undermine the status of the Hon'ble Court. The accused has further stated he was under severe frustration and without minding about the consequences of what he was submitting before the Court, he has filed the said memo. Later, he realized that he did a blunder and submitted another memo for withdrawal of the earlier memo. However, the learned Single Judge was not inclined to permit him to withdraw the earlier memo and ordered the Registry to initiate the present criminal contempt proceedings. The accused has tendered his unconditional apology for the act -5- CRL.CCC No. 12 of 2022 committed by him and undertakes that he will not repeat it again.
5. Accepting the reasons assigned in the affidavit and the unconditional apology tendered by the accused, we drop the suo motu criminal contempt proceedings initiated against him. Notice is discharged subject to the accused depositing costs of Rs.50,000/- out of which, Rs.25,000/- shall be deposited with the Karnataka State Legal Services Authority and the remaining amount of Rs.25,000/- shall be deposited with the Advocates' Association, Bengaluru for utilizing the same for Library purpose. The said costs shall be deposited by the accused within a period of one week from today.
For reporting compliance regarding payment of costs, list the petition on 07.03.2023.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE VM List No.: 1 Sl No.: 35